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1997 Supreme(All) 828

D.K.SETH
HAN BODH RAM TEWARI – Appellant
Versus
PRESIDENT, ALLAHABAD DISTRICT CO-OP. , BANK, ALLAHABAD – Respondent


Advocates Appeared:
A.KUMAR, ARUN KUMAR GUPTA, Sarita Singh

D. K. SETH, J.


( 1 ) THE petitioners date of birth was recorded as 26. 12. 1926 in the service record. The petitioner had produced sometime in 1978 a School certificate showing his date of birth as 15. 7. 1935. According to Mr, Arun kumar Gupta, learned Counsel for the petitioner, the date of birth of the petitioner at the time of entry cannot be the correct date of birth since in 1960 when he entered the service he was found over-aged. Though in the seniority list dated 2. 1. 1981 it was pointed out that the petitioners age which was not recorded in the seniority list would be recorded on the basis of School certificate issued by the Basic Education Officer. Rai Bareilly. Accordingly, the petitioner had produced in 1985, a certificate countersigned by the District basic Education Officer showing the date of birth as on 15. 7. 1935. Relying on regulation 13 of the U. P. Co-operative Societies Employees Service regulations, 1975 (hereinafter called as the 1975 Regulation ). Mr. Gupta submits that it is only the School Certificate which is to be accepted as the reliable document for proof of age and no other document could be entertained. He relies on the decisions rendered in the ca















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